ILNews

High court to hear challenge to tests admittance

IL Staff
December 21, 2009
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The Indiana Supreme Court has agreed to take the case of a man charged with drunk driving who challenges the admittance of two tests used to prove his intoxication.

The high court granted transfer Dec. 17 to Roger L. Brown v. State of Indiana, No. 12S02-0912-CR-560, in which the Indiana Court of Appeals affirmed Roger Brown's two convictions of Class D felony operating a vehicle while intoxicated resulting in bodily injury. Brown argued the trial court shouldn't have allowed evidence of his horizontal gaze nystagmus test or evidence of his blood draw because the state failed to lay a proper foundation for either test.

In its original opinion, and on rehearing, the Court of Appeals affirmed the admittance of the HGN test. The appellate court found the trial court abused its discretion in admitting Brown's blood draw because the state didn't establish that the lab technician who drew the blood collected it under the direction of or under a protocol prepared by a physician. The technician followed protocol she learned in school, not the hospital's blood sample lab protocol.

Despite finding his blood test couldn't be admitted, the Court of Appeals affirmed Brown's convictions because the state was able to prove he was intoxicated and his driving caused the victims' injuries.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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